Evaluations 🧐 Flashcards
What is the introduction of evaluations on non fatal offences? What did the LC do?
Rag Ball of offences- Law commission suggested reform - three times rejected
Go to the evaluation of outdated non-fatal offences
Rag Ball of offences - law commission suggested reform was rejected three times
Outdated OAPA 1861 -Old language - “grievous” “whosoever” “maliciously”-Harder to understand - apply law 
Language - immediate -(Smith V CC woking)
Does not actually mean immediate
Fails to protect future violence
Physical and threatened - battery outdated assault
Grievous is not defined under the act-
Now R v Saunders is serious 🧐 - makes logical sense
Evaluate wounding under the non-fatal offences
wounding is defined as a break in the continuity of the skin JCC V Eisenhower
Any cut is treated the same as a GBH
Unnecessary as GBH is serious
it’s the action not the impact
Evaluate ABH and a non-fatal offences
ABH is not defined instead DPP V ChanFook open to interpretation
Seen in previous changes in the law from previous R v Miller
Evaluate occasion under non-fatal offences
Means to cause (R v Ireland 🇮🇪 )but inflict also means to cause what actually means to cause
Evaluate maliciously under non-fatal offences
Means intent has no clarity as MR is not needed
Judges update law (DDP v ChanFook)
(R v Bustrow)
Biological harm ( R v Dica)
vulnerable people - (R v Bollom )
Issues have been resolved through cases ( R v Mowatt ) 
Evaluate sentencing under non-fatal offences
Assault and batteries 12 months however ABH is five years - large jump
ABH and section 20 - 5 years- Different injury but had the same sentencing
Section 28 section 18 discretionary life sentence big jump only different MR 
What are the four things that need to be considered for law commission proposals. Under the evaluation of non fatal offences
Threatened or physical assault - 12 months
aggravated assault - two years
Causes recklessly serious - seven years intentionally causing -life sentence
What are the three criticisms of murder?
Out of date terminology ‘malice aforethought’
Uncertainty through development - Woolin principle for a oblique intent
Rule of intent of unfair
diminished responsibility criticisms
Does not take into account developmental immaturity of children
Loss of control reform of development does not mean hospital has to be immediate